Invitation To Bid: Traffic Control Striping and Markings

Transcription

1 City of Hoover, Alabama Invitation To Bid: Traffic Control Striping and Markings Bid # City of Hoover Purchasing Department

2 TABLE OF CONTENTS I. INSTRUCTIONS FOR SUBMITTAL OF BIDS... 2 II. GENERAL INFORMATION FOR BIDDERS... 3 III. GENERAL CONDITIONS OF THE CONTRACT... 6 IV. SUPPLEMENTAL CONDITIONS OF THE CONTRACT... 7 V. SPECIFICATIONS VI. FORMS VII. APPENDICES

3 I. INSTRUCTIONS FOR SUBMITTAL OF BIDS 1. Bid Proposal Forms: All bidders must use the enclosed Price Proposal Forms and Agreements (or copies thereof) to submit their Bid Proposal. No alternate or substitute pricing forms will be accepted. All Proposal responses must be typed or written in ink. 2. Submittal of Bids: All Bid Proposals must be submitted in sealed envelopes that are clearly marked with the following information: Bid # Traffic Control Striping and Marking. Proposals must be delivered, no later than the Submittal Deadline as specified in the Notice to Contractors, to the following address: City Clerk s Office Hoover City Hall 100 Municipal Lane Hoover, AL Electronic Transmittal of Proposals is Not Acceptable: Proposal submittals delivered by fax, electronic mail, or other electronic transmittal methods will NOT be accepted as qualified Proposals. 4. Late Bid Proposals are Not Acceptable: Proposals must be delivered, no later than the Submittal Deadline as specified in the Notice to Contractors. Late Bid Proposals will not be opened nor accepted as qualified Proposals. 5. No Bid: If you choose not to bid yet desire to remain on the city s vendor/supplier list for future consideration, please submit an envelope by the Proposal deadline with NO BID clearly marked on the proposal form and on the outside of the sealed envelope. 6. Tax Exempt Pricing: Proposal prices must not include state or local sales taxes or federal excise tax. The City is exempt for such taxes and will provide documentation of such exemption upon request. 7. Notice of Award: Records showing successful bidder and prices will be placed on file within the City Clerk s Office and may be examined upon request. 8. Bid Proposal Instructions: Bidders are asked to retain these instructions, conditions, and specifications for future reference. This document and its attachments will become part of your contract with the City of Hoover if you are the successful bidder. 9. Inquiries: All questions regarding this Invitation to Bid should be directed to: Barbara Janchus Purchasing Specialist (205) janchusb@ci.hoover.al.us Ben Powell Director of Purchasing (205) powellb@ci.hoover.al.us End of Instructions Section 2

4 II. GENERAL INFORMATION FOR BIDDERS 1. Receipt and Opening of Bids: The City of Hoover (herein called the Owner ), invites bids on the form attached hereto, all blanks of which must be appropriately filled-in. Bids will be received by the Owner at the office of The City Clerk of the City of Hoover, Alabama, 100 Municipal Lane, Hoover, AL 35216, by the Submittal Deadline, and then at said office publicly opened and read aloud. Each bid must be submitted in a sealed envelope bearing on the outside the name of the Bidder, the Bidder s license number, the Bidder s address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No Bidder may withdraw a bid within 60 days after the actual date of the opening thereof. 2. Preparation of Bid: a. Each bid submitted must consist of: 1) The Bid Proposal on the prescribed form; 2) A Bid Bond; 3) Certification of Bidder regarding State of Alabama Licensing. b. All blank spaces for bid prices must be filled-in, in ink or typewritten, and the required documents and certifications must be fully completed and executed when submitted. 3. Quantities: It is the City s intent to purchase approximate quantities as described herein. However, the City reserves the right to purchase greater or fewer quantities of each product or service at the Bid Contract Unit Prices during the Contract Period. The City reserves the right to use other Contractors to provide services and materials as needed. 4. Subcontracts: The Bidder is specifically advised that any person or other party to whom it is proposed to award a subcontract under this contract: a. Must be acceptable to and pre-approved by the Owner. b. Although the Bidder is not required to attach such approval of proposed subcontractors to his/her bid, the Bidder is hereby advised of this requirement so that appropriate action can be taken to prevent subsequent delay in subcontract awards. 5. Qualifications of Bidder: The Owner may make such investigations as he/she deems necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the 3

5 contract and to complete the work contemplated therein. Conditional bids will not be accepted. 6. Bid Security: Each bid must be accompanied by an original bid bond prepared on the Bid Bond Form attached hereto, duly executed by the Bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of 5% (not to exceed $10,000.00) of the bid. A cashier s check, payable to the City of Hoover, may be submitted in lieu of a Bid Bond. Such Bid Bond or Cashier s Check will be returned promptly after the Owner and the accepted Bidder have executed the contract, or if no award has been made within 30 days after the date of the opening of bids, upon demand of the Bidder at any time thereafter, so long as he/she has not been notified of the award of his/her bid. 7. Liquidated Damages for Failure to Enter into Contract: The successful Bidder, upon his/her failure or refusal to execute and deliver the contract and bonds required within ten (10) days after he/she has received notice of the acceptance of his/her bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his/her bid. 8. Bidder Responsible For Understanding Scope of Work, Conditions of Contract: At the time of the opening of bids each Bidder will be presumed to have read and to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any Bidder to examine any form, instrument or document shall in no way relieve any Bidder from any obligation in respect of his/her Bid. Each Bidder/Contractor must inform him/herself fully of the conditions relating to the project and the employment of labor thereon. Failure to do so will not relieve a successful Bidder of his/her obligation to furnish all material and labor necessary to carry out the provisions of his/her contract. Insofar as possible, the contractor, in carrying out the work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. 9. Addenda and Interpretations: No interpretation of the meaning of the plans, specification or other pre-bid documents will be made to any Bidder verbally. Every request for such interpretation should be in writing addressed to Assistant Executive Director, 100 Municipal Lane, Hoover, AL 35216, and to be given consideration must be received at least five forty-eight (48) hours prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be mailed by certified mail with return receipt requested to all prospective Bidders (at the respective addresses furnished for such purposes), not later than three (3) days prior to the date fixed for the opening of bids. Failure of any Bidder to receive any such addendum or interpretation shall not relieve such Bidder from any obligation under his/her Bid as submitted. All addenda so issued shall become part of the contract documents. 10. Security for Faithful Performance: Simultaneously with his/her delivery of the executed contract, the contractor shall furnish a Performance surety bond or bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified in the General Conditions 4

6 included herein. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the Owner. 11. Power of Attorney: Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. 12. Notice of Supplemental Conditions: Attention is particularly called to those parts of the contract documents and specifications which deal with Supplemental Conditions of the Contract. 13. Laws and Regulations: The Bidder s attention is directed to the fact that all applicable State laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. End of General Information for Bidders Section 5

7 III. GENERAL CONDITIONS OF THE CONTRACT The General Conditions of the Contract are specified and defined within the Alabama Department of Transportation Standard Specifications For Highway Construction, Latest Edition, Sections 101 through 109, and are attached hereto as Appendix A. End of General Conditions Section 6

8 IV. SUPPLEMENTAL CONDITIONS OF THE CONTRACT A. SCOPE OF WORK The work shall consist of providing all labor, materials, equipment and services necessary to provide traffic control markings and striping within the City of Hoover, Alabama for a period of one year unless the contract is terminated early or is extended beyond one year by mutual consent of the City and the Contractor. B. STANDARDS FOR MATERIALS AND WORKMANSHIP All materials and workmanship shall conform to: 1. Contract Plans and Specifications; 2. Alabama Department of Transportation s Standard Specifications for Construction, Latest Edition; 3. Alabama Department of Transportation s Special and Standard Highway Drawings, Latest Edition; 4. Alabama Department of Transportation Guidelines for Operation; 5. Manual on Uniform Traffic Control Devices (MUTCD), Latest Edition; 6. Part 6 (Temporary Traffic Control) of the Manual on Uniform Traffic Control Devices (MUTCD), Latest Edition; and 7. City of Hoover Standard Specifications, Policies and Procedures. C. CONTRACT DURATION Provisions of this contract will be in effect for a period of one (1) year. At the end of said term, the City may wish to negotiate with the Contractor for an extension of this Agreement for two (2) additional one-year periods. Such renewal/extension of this Agreement, if any, shall be by written agreement of the parties, and on terms and conditions mutually agreed upon in said written agreement. D. AWARD AND/OR REJECTION OF BIDS Except as described elsewhere in this paragraph, the contract will be awarded to the lowest responsible bidder who meets or exceeds all product specifications. The total price bid/proposed for the Estimated Annual Quantity (ALL ITEMS) will be the basis for determining the lowest bidder. The City of Hoover may award the bid in any manner that is in the best interest of the City and it reserves the right to reject any and all bids for any reason. Irregular proposals and unbalanced bids shall be handled in accordance with ALDOT Standard Specifications for Highway Construction, Latest Edition. E. PRICING AND ADJUSTMENTS THEREOF Pricing for all services listed in the Bid Proposal shall be fixed at the bid price and shall not be adjusted during the initial term of the agreement. Rates for services performed and materials acquired during the second and third years, if the contract is renewed, may be negotiated between the City and the Contractor, but in no case shall the rates be increased more than the increase in the Consumer Price Index (CPI) for All Urban Consumers South Region as published by the Bureau of Labor Statistics for the preceding twelve (12) month period. F. DOCUMENTS REQUIRED PRIOR TO NOTICE TO PROCEED Upon award of the bid, the successful bidder shall submit the following documents to the City within thirty (30) calendar days after the Bid has been awarded: 1. Two original paper forms of the fully-executed contract, and 7

9 2. A performance bond in the amount of 100% of the total bid amount, and 3. A payment bond in the amount of 50% of the total bid amount, and 4. Proof of required State and Local licensing, and 5. Proof of required insurance, 6. Proof of compliance with Federal and State Immigration Laws, and 7. A list of proposed subcontractors for City approval. G. NOTICE TO PROCEED, COMMENCEMENT, AND COMPLETION OF WORK A Notice to Proceed shall be issued following receipt of all documents as required above. The Contractor shall be obligated to commence work at the time specified by the City of Hoover representative in such Notice to Proceed and shall complete work within the time allotted in the Notice to Proceed. H. TRAFFIC CONTROL The Contractor will be responsible for providing all traffic control, in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) requirements, within all project and work areas. The City Engineer or Project Inspector may require the contractor to increase the level of traffic control if conditions warrant additional safety measures. The City of Hoover shall provide police officers to direct traffic during emergency maintenance situations if required. I. WORK SCHEDULE Work shall be performed between the hours of 7:00 am and 7:00 pm on Monday - Friday. All weekend or holiday work and all other deviations from this Work Schedule must be approved by the City Engineer or Project Inspector prior to performance of such work. Lane closures or temporary lane blockages will not be permitted for routine maintenance activities between the hours of 7:00 to 9:00 a.m. or 4:00 to 6:00 p.m. J. PAYMENTS Payment(s) for services rendered and materials used under this contract shall be made to the Contractor on either a per-assignment or per-month basis whichever is mutually agreed upon by the City and Contractor prior to the commencement of each work assignment. Payment shall be made for actual services and materials used to complete each work assignment. All invoices must be detailed and shall, at a minimum, describe the nature of the assignment, location of work, date(s) of work, and materials used in the completion of work. K. INTENT AND INTERPRETATION OF THE CONTRACT DOCUMENTS 1. INTENT: It is the intent of the Contract Documents that the Contractor shall properly execute and complete the Work described by the Contract Documents, and unless otherwise provided in the Contract, the Contractor shall provide all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work, in full accordance with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. 2. COMPLEMENTARY DOCUMENTS: The Contract Documents are complementary. If Work is required by one Contract Document, the Contractor shall perform the Work as if it were required by all of the Contract Documents. However, the Contractor shall be required to perform Work only to the extent that is consistent with the Contract 8

10 Documents and reasonably inferable from them as being necessary to produce the indicated results. 3. ORDER of PRECEDENCE: Should any discrepancy arise between the various elements of the Contract Documents, precedence shall be given to them in the following order unless to do so would contravene the apparent Intent of the Contract Documents as stated above: The Contract. Contract Addenda, with those of later date having precedence over those of earlier date. Supplemental Conditions of the Contract. General Conditions of the Contract. The Specifications provided within the Invitation to Bid document. Standard Specifications incorporated into this Bid and Contract by reference. 4. ORGANIZATION: Except as may be specifically stated within the technical specifications, neither the organization of the Specifications into divisions, sections, or otherwise, nor any arrangement of the Specifications shall control how the Contractor subcontracts portions of the Work or assigns Work to any trade. 5. INTERPRETATION: The Contract Documents shall be interpreted collectively, each part complementing the others and consistent with the Intent of the Contract Documents as stated above. Furthermore: Unless an item shown or described in the Contract Documents is specifically identified to be furnished or installed by the Owner or others or is identified as Not In Contract ( N.I.C. ), the Contractor s obligation relative to that item shall be interpreted to include furnishing, assembling, installing, finishing, and/or connecting the item at the Contractor s expense to produce a product or system that is complete, appropriately tested, and in operative condition ready for use or subsequent construction or operation of the Owner or separate contractors. The omission of words or phases for brevity of the Contract Documents, the inadvertent omission of words or phrases, or obvious typographical or written errors shall not defeat such interpretation as long as it is reasonably inferable from the Contract Documents as a whole. Except as noted otherwise, references to standard specifications or publications of associations, bureaus, or organizations shall mean the latest edition of the referenced standard specification or publication as of the date of the Advertisement for Bids. In the case of inconsistency between Specifications for the Work and Standard Specifications established by reference or within either document not clarified by addendum, the better quality or greater quantity of Work shall be provided in accordance with the Engineer s interpretation. Generally, portions of the Contract Documents written in longhand take precedence over typed portions, and typed portions take precedence over printed portions. 9

11 Any doubt as to the meaning of the Contract Documents or any obscurity as to the wording of them shall be promptly submitted in writing to the Engineer for written interpretation, explanation, or clarification. 6. SEVERABILITY: The partial or complete invalidity of any one or more provision of this Contract shall not affect the validity or continuing force and effect of any other provision. L. SUPPLEMENTAL DEFINITIONS Words or phrases used in the Contract Documents which have well-known technical or industry meanings are to be interpreted consistent with such recognized meanings unless otherwise indicated. The following terms are defined in lieu of or are supplementary to the terms defined in the General Conditions and the intent and meaning shall be interpreted as follows: 1. CITY: The City of Hoover, or any agency that may be designated by the Legislature as its successor. 2. CONTRACT: The Contract is the embodiment of the Contract Documents. The Contract represents the entire and integrated agreement between the Owner and Contractor and supersedes any prior written or oral negotiations, representations or agreements that are not incorporated into the Contract Documents. The Contract may be amended only by a Contract Change Order or a Modification to the Contract. The contractual relationship which the Contract creates between the Owner and the Contractor extends to no other persons or entities. The Contract consists of the following Contract Documents, including all additions, deletions, and modifications incorporated therein before the execution of the Contract: Notice to Contractors Instructions to Bidders Conditions of the Contract (General, Supplemental, and Other Conditions) Specifications (including Drawings, Diagrams and Exhibits, if any) Bid Proposal Bid Bond Performance Bond Payment Bond Contract Contract Change Orders 3. CONTRACT SUM: The Contract Sum is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. The term Contract Sum means the Contract Sum stated in the Contract as may have been increased or decreased by Change Order(s) in accordance with the Contract Documents. 4. CONTRACT TIME: The Contract Time is the period of time in which the Contractor must achieve Substantial Completion of the Work. The date on which the Contract Time begins is specified in the written Notice to Proceed issued to the Contractor by the Owner. The term Contract Time means the Contract Time stated in the Contract as may have been extended by Change Order(s) in accordance with the Contract Documents. 10

12 5. CONTRACTOR: The Contractor is the person or persons, firm, partnership, joint venture, association, corporation, cooperative, limited liability company, or other legal entity, identified as such in the Contract. The term Contractor means the Contractor or the Contractor s authorized representative. 6. DAY: The term day as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 7. DEFECTIVE WORK: The term Defective Work shall apply to: (1) any product, material, system, equipment, or service, or its installation or performance, which does not conform to the requirements of the Contract Documents, (2) in-progress or completed Work the workmanship of which does not conform to the quality specified or, if not specified, to the quality produced by skilled workers performing work of a similar nature on similar projects in the state, (3) substitutions and deviations not properly submitted and approved or otherwise authorized, (4) temporary supports, structures, or construction which will not produce the results required by the Contract Documents, and (5) materials or equipment rendered unsuitable for incorporation into the Work due to improper storage or protection. 8. DIRECTOR: The Executive Director or Assistant Executive Director of the City of Hoover. 9. DRAWINGS: Drawings are the portions of the Contract Documents showing graphically the design, location, layout, and dimensions of the Work, in the form of plans, elevations, sections, details, schedules, and diagrams. 10. ENGINEER: The Engineer is the person or entity lawfully licensed to practice engineering in the State of Alabama, who is employed by or under contract with the Owner as the primary design professional for the Project. The term Engineer means the City Engineer or the City Engineer s authorized representative. If the employment of the Engineer is terminated, the Owner shall employ a new Engineer whose status under the Contract Documents shall be that of the former Engineer. If the primary design professional for the Project is a Professional Engineer, the term Engineer shall be substituted for the term Professional Engineer wherever it appears in this document. 11. INSPECTOR OR PROJECT INSPECTOR: The City of Hoover s employee or designee to whom the Project is assigned relative to executing the respective inspections and authorities described in these Specifications. 12. OWNER: The Owner is the City of Hoover, Alabama. The term Owner means the Owner or the Owner s authorized representative. The term Owner as used herein shall be synonymous with the term Awarding Authority as defined and used in Title 39 - Public Works, Code of Alabama, 1975, as amended. 13. SPECIFICATIONS: The Specifications are that portion of the Contract Documents which set forth in writing the standards of quality and performance of products, equipment, materials, systems, and services and workmanship required for acceptable performance of the Work. 14. SUBCONTRACTOR: A Subcontractor is a person or entity who is undertaking the performance of any part of the Work by virtue of a contract with the Contractor. The term Subcontractor means a Subcontractor or its authorized representatives. 15. WORK: The Work is the services that are required by the Contract Documents and includes all labor, materials, supplies, equipment, and other items and services as are necessary to produce the required construction and to fulfill the Contractor s obligations under the Contract. The Work may constitute the entire Project or only a portion of it. 11

13 M. TERMINATION OF CONTRACT The City of Hoover reserves the right to terminate, without cause, the Contract at any time, provided that the City furnishes the contractor with a fifteen (15) day notice advising the contractor of such early termination. N. PERFORMANCE AND PAYMENT BONDS 1. GENERAL: Upon signing and returning the Contract to the Owner for final approval and execution, the Contractor shall, at the Contractor s expense, furnish to the Owner a Performance Bond in a penal sum equal to 100% of the Contract Sum and a Payment Bond in a penal sum equal to 50% of the Contract Sum. Each bond shall be on the form contained in the Project Manual, shall be executed by a surety company (Surety) acceptable to the Owner and duly authorized and qualified to make such bonds in the State of Alabama in the required amounts, shall be countersigned by an authorized, Alabama resident agent of the Surety who is qualified to execute such instruments, and shall have attached thereto a power of attorney of the signing official. The provisions of this Article are not applicable to this Contract if the Contract Sum is less than $50,000, unless bonds are required for this Contract in the Supplemental General Conditions. 2. PERFORMANCE BOND: Through the Performance Bond, the Surety s obligation to the Owner shall be to assure the prompt and faithful performance of the Contract and Contract Change Orders. The Penal Sum shall remain equal to the Contract Sum as the Contract Sum is adjusted by Contract Change Orders. In case of default on the part of the Contractor, the Surety shall take charge of and complete the Work in accordance with the terms of the Performance Bond. Any reasonable expenses incurred by the Owner as a result of default on the part of the Contractor, including architectural, engineering, administrative, and legal services, shall be recoverable under the Performance Bond. 3. PAYMENT BOND: Through the Payment Bond the Surety s obligation to the Owner shall be to guarantee that the Contractor and its Subcontractors shall promptly make payment to all persons supplying labor, materials, or supplies for, or in, the prosecution of the Work, including the payment of reasonable attorney s fees incurred by successful claimants or plaintiffs in civil actions on the Bond. Any person or entity indicating that they have a claim of nonpayment under the Bond shall, upon written request, be promptly furnished a certified copy of the Bond and Contract by the Contractor, Engineer, or City of Hoover, whoever is recipient of the request. 4. CHANGE ORDERS: The Penal Sum shall remain equal to the Contract Sum as the Contract Sum is adjusted by Contract Change Orders. All Contract Change Orders involving an increase in the Contract Sum will require consent of Surety by endorsement of the Contract Change Order form. The Surety waives notification of any Contract Change Orders involving only extension of the Contract Time. 5. EXPIRATION: The obligations of the Contractor s performance bond surety shall be coextensive with the contractor s performance obligations under the Contract Documents; provided, however, that the surety s obligation shall expire at the end of the one-year warranty period(s). 12

14 O. SAFETY STANDARDS, ACCIDENT PREVENTION, FIRST AID With respect to all work performed under this contract, the contractor shall: 1. Comply with the safety standards provisions of applicable federal, state, and local laws, building, and construction codes. 2. Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. 3. Maintain at his/her office or other well known place at the job site, all materials necessary for giving first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital or a doctor s care of persons (including employees), who may be injured on the job site before the employer has made a standing arrangement for removal of injured persons to a hospital or a doctor s care. P. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall defend, indemnify, and hold harmless the Engineer, Engineer s consultants, City of Hoover, and their agents, elected officials, boards, employees, and consultants (hereinafter collectively referred to as the Indemnitees ) from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of, related to, or resulting from performance of the Work, provided that such claim, damage, loss or expense is (1) attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including loss of use resulting therefrom, and (2) is caused in whole or in part by negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not it is caused in part, or is alleged but not legally established to have been caused in part, by a party indemnified under this contract. 1. This indemnification shall extend to all claims, damages, losses and expenses for injury or damage to adjacent or neighboring property, or persons injured thereon, that arise out of, relate to, or result from performance of the Work. 2. This indemnification does not extend to the liability of the Engineer, or the Engineer s Consultants, agents, or employees, arising out of (1) the preparation or approval of maps, opinions, reports, surveys, field orders, Change Orders, or specifications, or (2) the giving of or the failure to give directions or instructions, provided such giving or failure to give instructions is the primary cause of the injury or damage. 3. This indemnification does not apply to the extent of the sole negligence of the Indemnitees. Q. INSURANCE REQUIREMENTS 1. GENERAL: RESPONSIBILITY. The Contractor shall be responsible to the Owner from the time of the signing of the Contract or from the beginning of the first work, whichever shall be earlier, for all injury or damage of any kind resulting from any negligent act or omission or breach, failure or other default regarding the work by the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of who may be the owner of the property. INSURANCE PROVIDERS. Each of the insurance coverages required below shall be issued by an insurer licensed by the Insurance 13

15 Commissioner to transact the business of insurance in the State of Alabama for the applicable line of insurance, and such insurer (or, for qualified self-insureds or group self-insureds, a specific excess insurer providing statutory limits) must have a Best Policyholders Rating of "A-" or better and a financial size rating of Class V or larger. NOTIFICATION ENDORSEMENT. Each policy shall be endorsed to provide that the insurance company agrees that the policy shall not be canceled, changed, allowed to lapse or allowed to expire for any reason until thirty days after the Owner has received written notice by certified mail as evidenced by return receipt or until such time as other insurance coverage providing protection equal to protection called for in the Contract Documents shall have been received, accepted and acknowledged by the Owner. Such notice shall be valid only as to the Project as shall have been designated by Project Name in said notice. INSURANCE CERTIFICATES. The Contractor shall procure the insurance coverages identified below, or as otherwise required in the Contract Documents, at the Contractor's own expense, and to evidence that such insurance coverages are in effect, the Contractor shall furnish the Owner an insurance certificate(s) acceptable to the Owner and listing the Owner as the certificate holder. The insurance certificate(s) must be delivered to the Owner with the Contract and Bonds for final approval and execution of the Contract. The insurance certificate must provide the following: 1) Name and address of authorized agent of the insurance company 2) Name and address of insured 3) Name of insurance company or companies 4) Description of policies 5) Policy Number(s) 6) Policy Period(s) 7) Limits of liability 8) Name and address of Owner as certificate holder 9) Project Name and Number, if any 10) Signature of authorized agent of the insurance company 11) Telephone number of authorized agent of the insurance company 12) Mandatory thirty day notice of cancellation / non-renewal / change DEDUCTIBLES AND SELF-INSURED RETENTIONS. The Contractor will be responsible for deductibles and self-insured retentions for claims made under its policies. ADDITIONAL INSURED and CONTRACTOR S INSURANCE AS PRIMARY. The Contractor s insurance policies shall name the City of Hoover, and its agents elected officials, boards, and employees, as Additional Insureds, shall state that this coverage shall be primary insurance for Additional Insureds, and shall be Non-Contributory with regard to any insurance carried by the Owner 14

16 and shall contain no exclusions of the Additional Insured(s) relative to job related injuries or illness. The benefits of being an Additional Insured shall also extend to include completed operations coverage under General Liability. COMBINATION OF COVERAGES. Any combination of primary and umbrella/excess coverage is acceptable as long as it satisfies the combined minimum coverage limits of each line. The limits specified below shall not reduce the coverage available if the Contractor carries higher limits. 2. INSURANCE COVERAGES The Contractor shall possess the types of insurance coverages with liability limits not less than as follows: WORKERS' COMPENSATION and EMPLOYER S LIABILITY INSURANCE: 1) Workers Compensation coverage shall be provided in accordance with the statutory coverage required in Alabama. A group insurer must submit a certificate of authority from the Alabama Department of Industrial Relations approving the group insurance plan. A selfinsurer must submit a certificate from the Alabama Department of Industrial Relations stating the Contractor qualifies to pay its own workers compensation claims. 2) Employer s Liability Insurance limits shall be at least: (i) Each accident - $1,000,000 (ii) Disease each employee $1,000,000 (iii) Disease policy limit $1,000,000 3) No Proprietor/Partner/Executive Officer/Member of the Contractor shall be excluded. 4) The Contractor s worker s compensation policy shall contain a waiver of Subrogation Clause in favor of the Owner. COMMERCIAL GENERAL LIABILITY INSURANCE: Commercial General Liability Insurance shall be written on an ISO Occurrence Form (current edition as of the date of Advertisement for Bids), or equivalent. The Commercial General Liability Insurance shall provide, at minimum, the following: $1,000,000 per occurrence $2,000,000 general aggregate with dedicated limits per project $2,000,000 completed operations aggregate limits per project Additional Insured Endorsements Blanket contractual liability Blasting and explosion, collapse of structure and underground damage (XCU) shall not be excluded Bodily Injury and broad form property damage arising from premises operation liability 15

17 Contractor s Liability Personal Injury liability Products & Completed Operations Liability, maintained for at least seven years after completion of project Punitive damages shall not be excluded Severability of interests COMMERCIAL AUTOMOBILE LIABILITY INSURANCE: 1) Commercial Automobile Liability Insurance which shall include coverage for bodily injury and property damage arising from the operation of any owned, non-owned, or hired automobile. The Commercial Automobile Liability Insurance Policy shall provide not less than $1,000,000 Combined Single Limits for each occurrence. COMMERCIAL UMBRELLA OR EXCESS LIABILITY INSURANCE: 1) Commercial Umbrella or Excess Liability Insurance to provide excess coverage above the Commercial General Liability, Commercial Automobile Liability and the Employer s Liability coverage of Workers Compensation. 2) Minimum Excess/Umbrella Limits of: $ 5,000,000 per Occurrence $ 5,000,000 Aggregate 3) The policy must be on an "occurrence" basis. 3. SUBCONTRACTORS INSURANCE: WORKERS' COMPENSATION and EMPLOYER S LIABILITY INSURANCE. The Contractor shall require each Subcontractor to obtain and maintain Workers' Compensation and Employer s Liability Insurance coverages or to be covered by the Contractor s Workers' Compensation and Employer s Liability Insurance while performing Work under the Contract. LIABILITY INSURANCE. The Contractor shall require their Subcontractor to obtain and maintain the following insurance coverage: General Liability -- $1,000,000 per occurrence; $2,000,000 per aggregate; $2,000,000 completed operations aggregate. Commercial Automobile Liability of not less than $1,000,000 Combined Single Limit for any owned, non-owned or hired automobiles. Commercial Umbrella or Excess Liability Coverage of $4,000,000 per occurrence and $4,000,000 aggregate to provide excess coverage above the Commercial General Liability, Commercial Automobile Liability and the Employer s Liability coverage of Worker s Compensation. All coverage shall be in effect at all times that a Subcontractor is performing Work under the Contract. 16

18 4. TERMINATION of OBLIGATION to INSURE: Unless otherwise expressly provided in the Contract Documents, the obligation to carry insurance coverages shall remain in effect after the Date(s) of Substantial Completion until such time as all Work required by the Contract Documents is completed. Equal or similar insurance coverages shall remain in effect if, after completion of the Work, the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, returns to the Project to perform warranty or maintenance work pursuant to the terms of the Contract Documents. 5. WAIVERS of SUBROGATION: The Contractor, and any subcontractors they may hire, shall have a waiver of subrogation in favor of the Owner on all insurance policies required in this Agreement. R. CONTRACTOR S WARRANTY 1. GENERAL WARRANTY: The Contractor warrants to the Owner and Engineer that all materials and equipment furnished under the Contract will be of good quality and new, except such materials as may be expressly provided or allowed in the Contract Documents to be otherwise, and that none of the Work will be Defective Work. 2. ONE-YEAR WARRANTY: If, within one year after the date of Substantial Completion of the Work or each designated portion of the Work (or otherwise as agreed upon in a mutually-executed Certificate of Substantial Completion), any of the Work is found to be Defective Work, the Contractor shall promptly upon receipt of written notice from the Owner or Engineer, and without expense to either, replace or correct the Defective Work to conform to the requirements of the Contract Documents, and repair all damage to the site, the building and its contents which is the result of Defective Work or its replacement or correction. The one-year warranty for punch list items shall begin on the Date of Substantial Completion if they are completed or corrected within the time period allowed in the Certificate of Substantial Completion in which they are recorded. The one-year warranty for punch list items that are not completed or corrected within the time period allowed in the Certificate of Substantial Completion, and other Work performed after Substantial Completion, shall begin on the date of Final Acceptance of the Work. The Contractor s correction of Work pursuant to this warranty does not extend the period of the warranty. The Contractor s one-year warranty does not apply to defects or damages due to improper or insufficient maintenance, improper operation, or wear and tear during normal usage. Upon recognizing a condition of Defective Work, the Owner shall promptly notify the Contractor of the condition. If the condition is causing damage to the building, its contents, equipment, or site, the Owner shall take reasonable actions to mitigate the damage or its continuation, if practical. If the Contractor fails to proceed promptly to comply with the terms of the warranty, or to provide the Owner with satisfactory written 17

19 verification that positive action is in process, the Owner may have the Defective Work replaced or corrected and the Contractor and the Contractor s Surety shall be liable for all expense incurred. Year-end Inspection(s): An inspection of the Work or each separately completed portion thereof, is required near the end of the Contractor's one-year warranty period(s). The subsequent delivery of the Engineer s report of a Year-end Inspection will serve as confirmation that the Contractor was notified of Defective Work found within the warranty period. The Contractor s warranty of one year is in addition to, and not a limitation of, any other remedy stated herein or available to the Owner under applicable law. 3. SPECIAL WARRANTIES: The Contractor shall deliver to the Owner through the Engineer all special or extended warranties required by the Contract Documents from the Contractor, Subcontractors, and suppliers. The Contractor and the Contractor s Surety shall be liable to the Owner for such special warranties during the Contractor s one-year warranty; thereafter, the Contractor s obligations relative to such special warranties shall be to provide reasonable assistance to the Owner in their enforcement. 4. ASSUMPTION of GUARANTEES of OTHERS: If the Contractor disturbs, alters, or damages any work guaranteed under a separate contract, thereby voiding the guarantee of that work, the Contractor shall restore the work to a condition satisfactory to the Owner and shall also guarantee it to the same extent that it was guaranteed under the separate contract. S. ALABAMA IMMIGRATION LAW COMPLIANCE REQUIREMENTS 1. Bidder/Vendor agrees that it will fully comply with the Immigration Reform and Control Act of 1986, as amended by the Immigration Act of 1990, and the Beason-Hammon Alabama Taxpayer and Citizen Protection Act, as amended, which makes it unlawful for an employer in Alabama to knowingly hire or continue to employ an alien who is or has become unauthorized with respect to such employment or to fail to comply with the I-9 requirements or fails to use E-Verify to verify the eligibility to legally work in the United States for all of its new hires who are employed to work in the State of Alabama. Without limiting the foregoing, Vendor shall not knowingly employ, hire for employment, or continue to employ an unauthorized alien. 2. Vendor shall also enroll in the E-Verify Program prior to performing any work, or continuing to perform any ongoing work, shall remain enrolled throughout the entire course of its performance hereunder, shall supply to the CITY a copy of its E-Verify Memorandum of Understanding and such other documentation as CITY may require to confirm Vendor s enrollment in the E-Verify Program and shall allow the CITY to inspect its records to confirm such compliance. 3. Vendor agrees that it shall, not knowingly, allow any of its suppliers, or any other party with whom it has a contract, to employ in the State of Alabama any illegal or undocumented aliens to perform any work in connection with the Project, and shall include in all of its contracts a provision substantially similar to this paragraph. If 18

20 Vendor receives actual knowledge of the unauthorized status of one of its employees in the State of Alabama, it will remove that employee from the project, jobsite or premises of CITY and shall comply with the Immigration Reform and Control Act of 1986, as amended by the Immigration Act of 1990, and the Beason-Hammon Alabama Taxpayer and Citizen Protection Act, as amended. Bidder/Vendor shall require each of its suppliers, or other parties with whom it has a contract, to act in a similar fashion. If Vendor violates any term of this provision, this Agreement will be subject to immediate termination by CITY. 4. To the fullest extent permitted by law, Bidder/Vendor shall defend, indemnify and hold harmless CITY from any and all losses, consequential damages, expenses (including, but not limited to, attorneys fees), claims, suits, liabilities, fines, penalties, and any other costs arising out of or in any way related to Vendor s failure to fulfill its obligations contained in this paragraph. 5. The following language is required by (k) Code of Alabama 1975 to be placed in all contracts covered by the Act: By signing this contract, the contracting parties affirm, for the duration of the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the state of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom. If there is no formal written contract between CITY and the Bidder/Vendor, such as where business is conducted by purchase order, this document shall serve as the Alabama Immigration Compliance Contract. If you have received a copy of this Proposal Document and choose to do business with the CITY, it will be deemed that you have accepted the terms even if you fail to sign and return the Agreement. T. STATE AND LOCAL LICENSING REQUIREMENTS In order for his/her Bid to be considered, the Bidder must comply with all applicable State and local laws regarding contractor licensing requirements, including, but not limited to: a. Code of Alabama et. Seq. Code of Alabama, 1975, related to licensing of General Contractors within the State of Alabama. The Contractor must submit documentation that supports that it is presently licensed as a General Contractor by the State of Alabama Licensing Board for General Contractors. The Contractor must remain a in good standing with regard to such licensing for the duration of the Contract Period including all renewals thereof, if any. b. Code of Alabama Prohibited Acts; Penalties; Any person, firm or corporation not being duly authorized who shall engage in the business of general contracting in this state, except as provided for in this chapter, and any person, firm or corporation presenting or attempting to file as its own the license certificate of another, or who shall give false or forged evidence of any kind to the board, or to any member thereof, in obtaining a certificate of license, or who falsely shall impersonate another, or who shall use an expired or revoked certificate of license, and any person including an owner, architect or engineer who receives or considers a bid from any one not properly licensed under this chapter, shall be deemed guilty of a misdemeanor and shall for each offense of which he is convicted be punished by a fine of not less than $ or imprisonment of six months, or both fine and imprisonment, in the discretion of the court. The submission of the contractor s current license number before considering 19

21 the bid shall be sufficient evidence to relieve the Owner, architect, engineer or awarding authority of any liability under this chapter. c. Code of Alabama Copy of Chapter to be Included in Plans of Architects and Engineers; All architects and engineers preparing plans and specifications for work to be contracted in the State of Alabama shall include in their invitations to Bidders and their specifications a copy of this chapter or such portions thereof as are deemed necessary to convey to the invited Bidder, whether he is a resident or nonresident of this state and whether a license has been issued to him or not, the information that it will be necessary for him to show evidence of license before his bid is considered. (Acts 1935, No. 297, p.721; Code 1940, T.46, Section 79; Acts 1959, No. 571, p.1429.) U. ADDITIONAL PROPOSAL REQUIREMENTS, TERMS, AND CONDITIONS 1. Each and every item listed must be included in your Proposal or it may be disqualified. 2. In order to submit a responsive Proposal, it is important that all terms, conditions, and specifications are read and understood thoroughly. Please, therefore, sign each and every page of the Bid Proposal portion of this document in the space provided and submit all such signed pages with your Proposal submittal. End of Supplemental Conditions Section 20

22 V. SPECIFICATIONS A. SCOPE OF WORK The contractor is to furnish all labor, materials, equipment, and incidentals required to complete the specified traffic control striping and marking work as described herein. Work assignments shall be made on an as needed basis during the term of the contract and the City and Contractor shall coordinate the work to be conducted in an effective and efficient manner so as to ensure that deadlines are met and city expenses are minimized. B. DEADLINES FOR COMMENCEMENT/COMPLETION OF WORK ASSIGNMENTS For each and every work assignment performed under the terms and conditions of this bid/contract, the Contractor shall be obligated to commence work at the time specified by the City of Hoover representative in the Notice to Proceed and shall complete work within the time allotted in the Notice to Proceed. C. SPECIFICATIONS, GENERALLY Unless specified otherwise within these Bid Specifications and attachments thereto, the Contract shall be administered and Work shall be performed in accordance with ALDOT Standard Specifications for Highway Construction, Latest Edition Sections 101 through 109. For convenience, those specifications are attached hereto as Appendix A and are indexed as follows: Section 101 Definition of Terms Section 102 Proposal Requirements and Conditions Section 103 Award and Execution of Contract Section 104 Scope of Work Section 105 Control of Work Section 106 Control of Materials Section 107 Legal Relations and Responsibility to Public Section 108 Prosecution and Progress Section 109 Measurement and Payment D. SPECIFICATIONS FOR WORKMANSHIP Placement of striping, legends, and pavement markers shall be performed in accordance with ALDOT Standard Specifications for Highway Construction, Latest Edition Sections 701 through 705. For convenience, those specifications are attached hereto as Appendix B and are indexed as follows: Section 701 Traffic Stripe Section 703 Traffic Control Markings and Legends Section 705 Pavement Markers E. SPECIFICATIONS FOR MATERIALS All materials shall meet the requirements of ALDOT Standard Specifications for Highway Construction, Latest Edition Sections 856, 857, and 882. Materials testing may be conducted by the City of Hoover and/or its designee. For convenience, those specifications are attached hereto as Appendix C and are indexed as follows: Section 856 Traffic Marking Materials Section 857 Temporary Traffic Marking Materials Section 882 Pavement Markers End of Specifications Section 21